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Jan 28, 2016 12:31 PM

Jazzmyn Rood's lawyers file motion, seek to review evidence gathered in Eve Tarmey's death

NH1.com

DOVER - The lawyers who are defending the mother of Eve Tarmey, a 17-year-old who died of a fentanyl overdose, want a look at the evidence collected by prosecutors so far.

Prosecutors say they're not required to provide that information, known as discovery, until a suspect has been indicted, according to court documents obtained by NH1 News.

Tarmey's mother, Jazzmyn Rood, has been charged with endangering the welfare of a child, reckless conduct and conspiracy to possess a controlled drug. She remains in custody at the Strafford County jail.

A hearing is scheduled in Stafford County Superior Court on Monday at 11 a.m. regarding the lawyers' motion.

The case may not remain in the state courts, however.

According to court documents, the U.S. Attorney's Office has told state officials that they intend to prosecute Rood and her co-conspirators in federal court. As a result, the state's prosecutors are arguing the U.S. Attorney's Office should be the agency to provide discovery to the defendant.

The Rochester teenager died of a drug overdose while in a motel room with her mother and another man, Mark Ross, on Oct. 17. Ross allegedly provided the drug to Tarmey.

He also faces charges in her death.

Anne Saunders is a Digital Producer for NH1.com. You can email her at asaunders@nh1.com.

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